| 1. Status of
Terms
1.1 These terms constitute a legal document ("the Agreement"),
which sets out the rights and obligations of you as a purchaser ("you"),
and those of Plants by Post ("Plants by Post", "we"
or "us"), in relation to the services and products offered
by us through this site. By registering for Plants by Post services,
you agree to the terms of this Agreement, and you re-affirm that agreement
every time you use any of our services.
1.2 You agree to:
1.2.1 provide true, accurate, current and complete information about
you as prompted by our order form (such information being the "Order
Data"); and
1.2.2 If you provide any information that is untrue, inaccurate, not
current or incomplete, or Plants by Post has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or
incomplete, Plants by Post has the right to suspend or terminate your
account, cease supply and refuse you any and all current or future
use of the Plants by Post site (or any portion of it).
2. Place of performance and applicable
law.
Unless otherwise specified, the materials on this site are directed
solely at those who access this site from the United Kingdom mainland. Plants by Post makes no
representation that any product referred to in the materials on this
site is appropriate for use, or available, in other locations. Those
who choose to access this site from other locations are responsible
for compliance with local laws if and to the extent local laws are
applicable. English law shall govern this Agreement. You and we each
submit to the exclusive jurisdiction of the English courts in relation
to disputes arising out of this Agreement.
3. Placing an order
3.1 A notice will be displayed on your web browser before you submit
an order with Plants by Post ("the Pre-contract Notice").
The Pre-contract Notice contains important information such as a description,
price (including export taxes) and delivery charges of the good or
services ordered. Plants by Post suggests that you print off a hard copy of
the notice or save a copy to your hard drive for your own records.
3.2 Goods supplied to you by Plants by Post will correspond with their
prices and description. If at any time this is not the case Plants
by Post will give you the right to reject the goods within a reasonable
time period for a full refund. Under no circumstances will Plants
by Post accept any liability beyond the value of the contract.
4. Right to cancel
4.1 You have the right to cancel any contract within 7 working days
without giving any reason. The 7 working days will start the day after
receipt of the goods.
4.2 The cancellation notice should be sent by e-mail to Plants by
Post and must state your name, a description of the goods or services
concerned and the contract reference number of the cancelled contract.
4.3 Where Plants by Post have supplied goods to you, you must take
reasonable care of the goods in your possession pending their return
to Plants by Post. Plants by Post will only accept the returned goods
in their original packaging. Any use of the delivered goods beyond
that necessary to inspect the goods on delivery will invalidate your
right to cancel the contract.
4.4 Where Plants by Post have supplied goods to you, these goods must
be returned to Plants by Post, or be available for collection by Plants
by Post. The cost of returning goods is non-refundable, and where
Plants by Post collects goods, the direct cost of such will be deducted
from the refund. Plants by Post reserves the right to apply a 10% restocking
charge. Other than for faulty returns, the original cost of sending
the goods will also be deducted from the final refund.
4.5 Once notice of your cancellation has been received, Plants by
Post will make a refund of the contract price to your debit or credit
card used to purchase the goods.
4.6 All monies will be refunded within 30 days of cancellation date.
5. Content
5.1 Plants by Post shall not be liable to any person for any loss
or damage, which may arise from the use of any of the information
contained in any of the materials on this site. Plants by Post will
only be liable for consequential losses within the contemplation of
the parties.
5.2 Certain links in this site (eg: a banner
advert) will lead to sites, which are not under the control of Plants
by Post. When you activate any of these you will leave the Plants
by Post site and Plants by Post has no control over and will accept
no responsibility or liability for the material on any site, which
is not under the control of Plants by Post.
6. Limitation of Liability
6.1 Nothing in this Agreement shall affect the statutory rights of
any consumer or exclude or restrict any liability for death or personal
injury arising from the negligence or fraud of Plants by Post.
6.2 Subject to clause 6.1, you agree that Plants by Post shall not
be liable either in contract, tort, negligence, statutory duty or
otherwise, for any direct loss or damage (including loss or damage
which is reasonably foreseeable or occurs naturally in the course
of things) resulting from any acts, omissions, failures or delays
occurring on or in relation to those parts of the Internet not under
Plants by Post's direct control including, without limitation, damage
for loss of business, loss of sales, non payment of sums due, loss
of profits, business interruption, loss of reputation, loss of business
information, or any other pecuniary loss (even where Plants by Post
has been advised of the possibility of such loss or damage).
6.3 The only liabilities that Plants by Post can exclude are those
arising from the following.
6.3.1 In cases where losses were not foreseeable to both parties when
the contract was formed.
6.3.2 Where losses were not caused by any breach on the part of Plants
by Post.
6.3.3 For any business losses, and/or losses to non-consumers.
7. Delivery
Orders are normally dispatched within 3 working days for delivery
the next working days. If Plants by Post cannot deliver within the
normal 7 days you will be notified promptly to arrange another time
for delivery, or if you would prefer, to cancel your order.
8.
Complaints handling procedure
In the unlikely event that you have any complaints as to our service
or any of the goods and services supplied to you from our site, please
contact us by either:
e-mail to: steve@plantsbypost.co.uk
Phone: direct to the garden centre: 01472 879126 (ask for Steve)
Or
direct to the grower: 07986 971668 (ask for Steve, nursery manager)
or write to:
Plants
by Post
Oaklands Garden Centre
Barton Street
Laceby
N
E Lincs
DN37
9LF
UK
All complaints are taken seriously
and will be investigated as soon as they are brought to our notice.
We endeavour to rectify any problems by the end of the next working
day or as soon as reasonable, and will always keep customers informed
as to progress.
9. Copyrights
All designs, text, graphics and their selection and arrangement on
this site are the copyright of Plants by Post or its content providers.
As a visitor to the Plants by Post site you are licensed to copy electronically
or to print portions of this site for your own personal, non-commercial
use. Any other use of materials on this site without Plants by Post's
prior written consent is strictly prohibited.
10. Matters Beyond our Reasonable
Control
Plants by Post shall not be held liable for any breach of this Agreement
caused by circumstances out of its control including, but not limited
to, Acts of God, fire, lightening, flood, or extremely severe weather,
explosion, war, disorder, flood, industrial disputes (whether or not
involving our employees), acts or omissions of Internet services providers
or acts of local or central Government or other competent authorities.
11. Plants by Post Privacy Policy
Due to the ordering process certain information given by you at the
time of ordering is collected lawfully and in accordance with the
Data Protection Act 1998, solely by Plants by Post and by Alliance
& Leicester for payment processing. Plants by
Post does not disclose any customer information to any third
parties. The information is used only for the purpose of processing
your order and to communicate with you on any matters relating to
the provision of the service in general. Information and statistics
may also be used for the purpose of monitoring site usage. These statistics
will not include any information that can be used to identify any
individual. If you have any concerns regarding the privacy of this
site please e-mail.
We may contact you in future by email
regarding special offers or promotions. All such emails will include
a cancellation to opt out of this service.
12. Site Security
The Plants by Post payment processor is held on a secure server using
a verified SSL (secure socket layer) system for transferring data.
If you click on the small padlock symbol at the bottom of you browsers
screen you will be taken to this sites’ security certificate. If you
have any concerns regarding the security of this site please email. |
